Manoharan P.S vs Kerala State Beverages ...

Citation : 2022 Latest Caselaw 5698 Ker
Judgement Date : 27 May, 2022

Kerala High Court
Manoharan P.S vs Kerala State Beverages ... on 27 May, 2022
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
        FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
                        WP(C) NO. 16659 OF 2022
PETITIONER/S:

           MANOHARAN P.S
           AGED 57 YEARS
           S/O SETHU A, TYPIST GRADE I, KSBC, FL-9, WAREHOUSE,
           MENONPARA, CHITTUR, PALAKKAD, RESIDING AT KARTHIKA,
           KALIPARA, KOTTEKKAD, PALAKKAD-678 732.
           BY ADV U.BALAGANGADHARAN


RESPONDENT/S:

    1      KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)
           CORPORATION LTD
           REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR, BEVCO
           TOWER, VIKAS BHAVAN (PO), PALAYAM, THIRUVANANTHAPURAM-
           695 033.
    2      CHAIRAMN & MANAGING DIRECTOR,
           KERALA STATE BEVERAGES (MANUFACTURING & MARKETING )
           CORPORATION LTD, BEVCO TOWER, VIKAS BHAVAN (PO),
           PALAYAM, THIRUVANANTHAPURAM-695 033.
    3      GENERAL MANAGER (ADMN),
           KERALA STATE BEVERAGES (MANUFACTURING & MARKETING)
           CORPORATION BEVCO TOWER, VIKAS BHAVAN (PO), PALAYAM,
           THIRUVANANTHAPURAM-695 033.
    4      MANAGER,
           KERALA STATE BEVERAGES (MANUFACTURING & MARKETING)
           CORPORATION, FL-9, WAREHOUSE, MENONPARA, CHITTUR,
           PALAKKAD-678 556.
OTHER PRESENT:

           SC FOR BEVCO T. NAVEEN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16659 OF 2022
                                2

                           JUDGMENT

Dated this the 27th day of May, 2022 The petitioner is aggrieved by Ext.P2 order transferring him from the, Palakkad Warehouse to the Regional Manager's Office, N1, Thrissur. The petitioner's contends that he is suffering from various ailments including Glaucoma of his eyes and that, he has undergone an Angioplasty. Further, he is due to retire on 31.05.2023 and has completed only one year and two months at the present station. As such, there is no valid reason to suddenly transfer him from Palakkad to Thrissur.

2.Learned Standing Counsel submitted, on instructions, that the petitioner's transfer was necessitated since the service of a Lower Division Clerk is no longer required at the Palakkad Warehouse and that, if the petitioner has any grievance regarding transfer, he should first make his representation before the Managing Director, rather than rushing to this Court.

3.Learned Counsel for the petitioner submitted the Ext.P4 representation, submitted the Managing director, is still pending consideration.

WP(C) NO. 16659 OF 2022 3 Having heard the learned counsel for the petitioner and the learned Standing Counsel, I am inclined to dispose the writ petition directing the 2nd respondent to consider and pass orders on Ext.P4 representation expeditiously and to permit the petitioner to continue in his present station, till the order is issued.

The writ petition is disposed of accordingly.

Sd/-

V.G ARUN JUDGE SJ WP(C) NO. 16659 OF 2022 4 APPENDIX OF WP(C) 16659/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 18.11.2019 ISSUED BY THE 2ND RESPONDENT Exhibit P2 A TRUE COPY OF THE ORDER DATED 19.5.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P3 A TRUE COPY OF THE REPRESENTATION DATED 17.5.2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 20.5.2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 25/05/2022 ISSUED BY DR. JAYAKUMAR, CONSULTANT CARDIOLOGIST, PULSE, KAKKANAD Exhibit P6 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 24/05/2022 ISSUED BY DR. MRIDULA SUNIL, CHIEF MEDICAL DIRECTOR, TRINITY EYE HOSPITAL, PALAKKAD Exhibit P7 TRUE COPY OF THE LABORATORY REPORTS DATED 25/05/2022, ISSUED BY BIOCHEMIST, PULSE, KAKKANAD